Law Commons^™

Kampala And The Crime Of Aggression: Will The Selling Of Heavy Artillery By One State To Illegal Armed Groups In Another State Constitute A Prosecutable Crime Of Aggression?, Carollann N. Braum

Carollann N. Braum

This paper narrowly focuses on situations not where a State directly sent its own forces into another State, but rather where one State aided, or was substantially involved in assisting, an armed group in internal conflict with another State. However, before being able to fully understand what happened in Kampala, it is first important to have the history of aggression. This allows an analysis of what actions, attributable to a State by an individual through the Doctrine of State Responsibility, will trigger the ICC’s jurisdiction. As such, Part I will focus on the history of aggression. Part II will analyze …

Too Much Process, Not Enough Service: International Service Of Process Under The Hague Service Convention, Eric Porterfield

Eric Porterfield

Service of process under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is too costly, time consuming, and unreliable. The Hague Service Convention’s defining feature – the Central Authority system – adds unwarranted expense and delay to the already expensive and protracted process of civil litigation. Worse, however, is the fact that the Central Authority completely fails to effect service on a foreign party in a significant percentage of cases. For decades, courts and commentators have argued over whether the Hague Service Convention actually permits litigants to sidestep the …

A Decade Of Progress: Promising Models For Children Found In The Turkish Juvenile Justice System, Brenda A. Mckinney, Lauren Salins

Brenda A McKinney

Turkey has improved its approach to interacting with children in conflict with the law over the past decade, moving closer to a system that ensures its children the opportunity to strive for a better future. This Article focuses on two promising Turkish reforms that hold potential to improve juvenile justice systems internationally, namely: open model incarceration and Turkey’s approach to diversion. This Article demonstrates how a child-centered juvenile justice system can improve public safety and outcomes for youth. It also addresses potential challenges to each model and identifies broader issues that may require reform.

Targeting Killings Outside The Traditional Battlefield: The Legality Of Targeted Attacks On Transnational Armed Terrorists., Marti Sleister

Marti Sleister

This paper asks whether traditional laws can evolve to protect citizens in the face of targeted killings on transnational-armed groups. The resolution analyzes how the current war methods fail to fit into the old mold of war; suggests what modifications could be made; and briefly discusses the fate of the laws of war should changes not occur. First, this paper will discuss the legal treaties defining and controlling the current laws of war, specifically, the Geneva Conventions and their Additional Protocols. Second, this paper will analyze how International Human Rights Law (IHRL) applies, particularly in light of the limitations of …

Sovereign Investing And Corporate Governance: Evidence And Policy, Paul Rose

Paul Rose

Discussions of corporate governance often focus solely on the attractiveness of firms to investors, but it is also true that firms seek out preferred investors. What, then, are the characteristics of an attractive investor? With nearly $6 trillion in assets, sovereign wealth funds (SWFs) are increasingly important players in equity markets in the United States and abroad, and possess characteristics that firms prize: deep pockets, long-term (and for some, theoretically infinite) investment horizons, and potential network benefits that many other shareholders cannot offer. However, despite their economic power, their reach, and their general desirability as investors, SWFs are almost entirely …

Speech Along The Atrocity Spectrum, Gregory S. Gordon

Gregory S. Gordon

In the abstract, speech may have much intrinsic value with its power to facilitate democracy, self-actualization, and good will. But, in certain contexts, it can also be quite deleterious, spawning division, ignorance, and hatred. Within the crucible of atrocity, speech may be similarly Janus-faced. Its power to prevent mass violence is indubitable. But its capacity for enabling mass violence is similarly unquestionable. So the issue arises: when and how may speech work for good or ill in relation to atrocity? This Article grapples with that question. And, in doing so, it finds that the relationship between speech and atrocity should …

Investment Dispute Resolution Under The Transpacific Partnership Agreement: Prelude To A Slippery Slope?, Leon E. Trakman Professor

Leon E Trakman Dean

Intense debate is currently brewing over the multistate negotiation of the Transpacific Partnership Agreement [TPPA], led by the United States. The TPPA will be the largest trade and investment agreement after the European Union, with trillions of investment dollars at stake. However, there is little understanding of the complex issues involved in regulating inbound and outbound investment. The negotiating of the TPPA is shrouded in both mystery and dissension among negotiating countries. NGOs, investor and legal interest groups heatedly debate how the TPPA ought to regulate international investment. However this dissension is resolved, it will have enormous economic, political and …

The Structure Of Law-Of-War Perfidy, Sean Watts

Sean Watts

The structural role of law-of-war perfidy is widely unappreciated and misunderstood. More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Through the late nineteenth and twentieth centuries, the prohibition of perfidy matured from a broad, customary notion of chivalry and honorable …

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …

The Eu’S Ets And Global Aviation: Why “Local Rules” Still Matter In A Globalized World And Why They Might Matter Even More In The Future, Michael Buenger

Michael Buenger

Over the last 60 years, the globe’s most powerful states and blocs of states (hereinafter “states”) have put considerable effort into coordinating international activities through the use of formal treaties and the acceptance of broad concepts of customary law. Yet in recent years entirely new forms of international lawmaking have emerged as evidenced by the rise of supernational institutions like the EU, non-state actors, and the unilateral extension of municipal law to shape global behavior. The EU’s unilateral extension of the ETS to global aviation is an example of this later development. Because of their economic size and political acumen, …